Electric skateboards are widely common now. They are considered another recreational activity and they allow for convenient transportation. However, there are some major risks associated with this sort of electric ride. Accidents can occur in any situation and regardless of the rider’s experience level. Injuries from electric skateboard accidents can vary from minor bruises and abrasions to more severe injuries with serious head, knee, or shoulder injuries.
Head injuries are a major concern when it comes to electric skateboard accidents due to the high risk involved with these injuries. Jaw and nose fractures are the most common injuries. Knee and shoulder injuries can also happen, as riders may try to break their fall with their hands or knees. Another type of injury that can occur is on the wrists, ankles, knees, and shoulders, mainly manifesting as sprains, fractures, and fractures. Besides those, cuts and bruises are also possible. Falling and crashing are inherent risks when riding an electric skateboard.
If there is uneven terrain, it may be harder to maintain balance. It is crucial to practice high safety standards such as wearing a helmet, having other proper protective gear, and being vigilant about our surroundings while riding at a safe speed. One particular electric skateboard has been under extreme scrutiny. The Onewheel electric skateboard made by Future Motion received reports of four deaths of users between 2019 and 2021 and multiple reports of serious injuries.
The US Consumer Product Safety Commission warned people to stop using the skateboards immediately and recalled all of the models. The deaths resulted from head trauma and other injuries linked to the skateboards, including traumatic brain injury, concussion, paralysis, body fractures, and ligament damage. For further legal help with these injuries, you can reach out to head injury lawyers.
As stated above, electric skateboard injuries can be severe, and if the person fails to wear any protective gear, such as a helmet, the injury can be fatal. Since electric skateboards are becoming more common, before investing time and money into the product, a brief understanding of the necessary safety measures is highly recommended. The electric skateboards allow riders to directly obtain power acceleration, which requires us to be more attentive to protection to prevent a high-risk collision.
One of the ways to protect yourself and use caution while operating these is to learn about their safeguards. Additionally, being mindful of the pedestrians and others on the road is essential to avoid any major accidents.
Can I Sue for Injuries Caused by an Electric Skateboard?
Yes, you can sue for injuries sustained by the electric skateboard. Each jurisdiction varies in its laws, but there are legal remedies for people who have suffered injuries. They may resemble toys, but electric skateboards pack a small electric car’s power and speed without the benefit of a protective shell.
Even in beginner mode, the speed and acceleration of an e-board can catch a user off-guard. The riders of these products need to have time to understand the important features of the skateboard.
For instance, they need time to fully comprehend the pushback, learn how to make tight turns, float in place, and navigate heavy pedestrian traffic.
Death and serious bodily injuries can happen if the rider fails to practice safety. Nosediving is common when the rider loses control. You can file a claim based on product liability on behalf of an injured rider. Also, family members of a child who suffered fatal injuries using an electric skateboard could sue for wrongful death on behalf of their child.
The application of law varies on how the state classifies the electric skateboard. For example, In some areas, electric skateboards are classified as motor vehicles and are subject to the same laws as cars and motorcycles. In other jurisdictions, they are considered toys or recreational vehicles and may not be subject to similar regulations. It is crucial to research local laws and regulations before riding an electric skateboard.
How Do I Prove My Electric Skateboard Was a Defective Product?
There are several ways to prove that the electric skateboard is a defective product. Although there are different brands of e-skateboards out there, it is pertinent to examine and understand all their safety features. They can quickly become dangerous if there is a design defect or lack of adequate warnings or instructions for use. There is a faulty label that conceals the truth about the product from the consumer. Some of the factors that you may consider when preparing your case include:
- Whether the manufacturer of the e-skateboard upheld its duty of care in designing, manufacturing, and marketing the e-skateboard;
- Whether the manufacturer adequately warned consumers and informed them of the risk of injury, even when riders properly use the e-skateboard;
- Whether or not the e-skateboard manufacturer misleads consumers through their marketing and makes them believe that the e-skateboard is a safe device.
Moreover, you can cite failure to warn, strict liability, negligent design, and other violations of the law by misleading consumers and making them believe that the e-skateboard was safe. Furthermore, discuss if the manufacturer downplayed the risks associated with the skateboard.
Some riders also experienced unintended acceleration when stepping off of the board. A mishandled, overcharged, or damaged e-board battery can catch fire and even explode, leading to a more serious accident. There have also been complaints that the electric skateboard’s emergency brake mechanism malfunctioned and the battery warning mechanism failed, causing the e-board to accelerate on its own.
All these are prime examples of how a manufacturing defect can be used to initiate a product liability lawsuit. Being aware of your rights regarding consumer goods is important to ensure your safety when using them.
What Are Damages in a Wrongful Death Lawsuit?
Wrongful death is a civil lawsuit that can be initiated by family members and dependents against parties who knowingly or negligently cause the death of another person. State statutes regulate this action and cap the amount of damages granted for each case.
The statute also allows parents, siblings, and other dependents to receive damages from wrongful death suits.
Wrongful deaths damages may be defined as compensation for the lost financial support and suffering due to the death. Further, the jury awards damages based on several factors including the person’s income beforehand, expected future income, and the level of family members’ dependence. Other times, juries may grant damages for funeral expenses, pain, and emotional distress.
Can I Sue Only if My Property Was Damaged?
You may file a claim for a product liability lawsuit. In that case, it generally covers compensation for a plaintiff’s medical expenses, lost income, property damage, and pain and suffering caused by a defective electric skateboard. You can sue for damages alone if they were directly linked to the electric skateboard’s malfunction. It is crucial to document photos of both the accident scene and your property damage to have a successful lawsuit.
Do I Need a Lawyer for Help with an Electric Skateboard Injury?
If you have experienced an injury through an electric skateboard, reach out to a class action lawyer to figure out how you can hold the pirates accountable. There are legal claims available if your property is damaged, productivity is defective, and injuries are sustained directly from the e-skateboard.
Although they can be a convenient way to enjoy a ride, skipping on the safety rules can negatively impact your enjoyment of them. Therefore, be safe and understand how to operate them before you decide to ride on one.
